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Richard Raines and Sira Sartori <br />April 2, 2009 <br />Page 4 <br />by them. The accounting must be submitted within 30 calendar days of the end of the <br />month for which the accounting is being made. <br />8. The Applicant shall install and maintain measuring devices as required by the <br />Division Engineer for operation of this SWSP. Prior to commencing mining at <br />the site, the Applicant must set up a site visit to demonstrate to District 6 Water <br />Commissioner Bob Carlson that adequate infrastructure and measuring devices <br />are in place to administer the dewatering water that will be discharged into the <br />Lighthouse Cove Lake. Such infrastructure and measuring devices must be <br />approved by the Water Commissioner prior to operation under this plan. <br />9. All releases of replacement water must be sufficient to cover all out of priority <br />depletions and be made under the direction and/or approval of the Water <br />Commissioner. <br />10. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the Division Engineer and Water Commissioner. In addition <br />the Water Commissioner must be provided contact information for the <br />Lighthouse Cove Lake prior to operation under this SWSP. <br />11. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />the landowner of the requirement to obtain a Water Court decree approving a <br />permanent plan for augmentation or mitigation to ensure the permanent replacement of <br />all depletions, including long-term evaporation losses and lagged depletions after <br />gravel mining operations have ceased. If reclamation of the mine site will produce a <br />permanent water surface exposing groundwater to evaporation, an application for a <br />plan for augmentation must be filed with the Division 1 Water Court at least three (3) <br />years prior to the completion of mining, to include, but not be limited to, long-term <br />evaporation losses and lagged depletions. If a lined pond results after reclamation, <br />replacement of lagged depletions from mining and dewatering shall continue until there <br />is no longer an effect on stream flow. <br />12. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other water rights has or will occur as a result of this plan. <br />13. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. <br />14. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 <br />Rules and Regulations" adopted on February 4, 1992, the State Engineer shall <br />determine whether the substitute supply is of a quality to meet requirements of use to <br />senior appropriators. As such, water quality data or analysis may be requested at any <br />time to determine if the water quality is appropriate for downstream water users. <br />15. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />water court case or any other legal action that may be initiated concerning the <br />substitute water supply plan. This decision shall not bind the State Engineer to act in a